Where Does the Constitution say that Churches Can’t Talk About Politics?

Hint: It doesn’t.

Image courtesy of Brett Sayles via Pexels

In America, we’ve become so accustomed to hearing about how pastors can’t talk about politics from the pulpit that we seldom stop to question why. We would expect this level of censorship from authoritarian governments such as Cuba, China, and Venezuela. Still, the First Amendment of the Constitution of the United States protects everyone’s ability to speak freely.

It's true. Neither the Constitution nor the Bible restrict political discussions in houses of worship, so why does the Internal Revenue Service (IRS)?

It shouldn’t shock you that the reason pastors can’t endorse or even discuss political campaigns originated with a jaded politician. In 1954, then-Senator Lyndon B. Johnson proposed an amendment to the tax code (a.k.a. The Johnson Amendment)  that greatly restricted the free speech of pastors and churches.

Although there is a shroud of secrecy around how Congress was able to push through this legislation without any discussion about how this would affect churches, his motives are less obscure.

Senator Johnson of Texas, the future president of the United States, forced the amendment out of his anger that two local non-profits had voiced support for his primary opponent.

There you have it. “The IRS rule that strips tax exemption from churches engaged in electioneering was born of Lyndon Johnson’s Texas politics, not the U.S. Constitution . . .” according to the American Center for Law and Justice (ACLJ).

To go one step further, the quick passage of the Johnson Amendment draws even more suspicion when you realize the timing of this legislation. Less than three years after its passing, Rev. Martin Luther King, Jr. organized a political movement at Ebenezer Church in Atlanta to oppose the Democrat party’s unconstitutional civil rights violations. Did Johnson see these protests coming from church leaders?

What does the Code Say?

Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. 

Respectfully, is this not the exact government interference in religious expression that our founders warned about and sacrificed their very lives to prevent? Oh, the irony of a strategic restriction on churches and houses of worship by one political party to force their political opponents to stop being political.

It’s important to note, however, that nothing is stopping pastors and Christian leaders — including the IRS — from sounding the alarm against policies that violate Biblical truth.

Can a Church Really Lose Their Tax-Exempt Status?

Practically speaking, the threat to churches is more perceived than actual.

A court case in 2000, Rossotti v. Branch Ministries, represents the first time the IRS revoked a church's tax-exempt status because of its involvement in politics. Four days before the presidential election, Branch Ministries in Binghamton, New York, placed full-page advertisements in both the Washington Times and USA Today warning Christians not to vote for Bill Clinton.

Following a three-year investigation into the church, the IRS sent Branch Ministries a letter revoking their tax-exempt status under IRS code 501(c)(3).

After receiving the IRS’s decision, the church and its pastor immediately sued the IRS! (See Branch Ministries v. Rossotti). The church argued that “the revocation violated [the church’s] right to free exercise of religion guaranteed by the First Amendment and the Religious Freedom Restoration Act.” 

The court ruled that “because of the unique treatment churches receive under the Internal Revenue Code, the impact of the revocation is likely to be more symbolic than substantial.” 

If the revocation is simply symbolic, what is the purpose of the threatening to revoke tax-exempt status in the first place?

The Wrap-Up

Regardless of whether the threat of losing tax-exempt status is actual or not, the threat of losing our religious freedom in America is real. We are calling on our pastors and church leaders to use your great influence to push back on government overreach.

Could there be fall-out? Will there be consequences for taking a stand, for example, against far-left Democrat policies and politicians who seek to kill, maim, and sterilize our children? Sure, it’s possible.

• Pastors and clergy were so courageous in their pursuit of freedom from a tyrannical government during the founding of our country that the British blamed them for American Independence. These men (dubbed the Black Robe Regiment) paid dearly for their activism.

• Dedrick Bonhoeffer, a German Lutheran pastor, was imprisoned and executed as a direct result of his involvement in a plot to overthrow Adolf Hitler.

• Rev. Martin Luther King, Jr., served prison time in 1963 after being arrested at a demonstration to end segregation.

Let’s not forget that Jesus was arrested, detained, and executed as a political prisoner—not a criminal one—because he opposed the ruling class of his day. So, we shouldn’t think that it won’t happen in America.

Thank you, pastors, for all that you do. We appreciate those who are taking a stand to preserve our Constitutional rights to serve God in America, not the government.